The Greater Manchester (Leigh Busway) Order 2005

JurisdictionUK Non-devolved

2005 No. 1918

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The Greater Manchester (Leigh Busway) Order 2005

Made 13th July 2005

Coming into force 3rd August 2005

Whereas an application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20001made under sections 6, 6A, 7 and 10 of the Transport and Works Act 19922(“the Act”), for an Order under sections 1 and 5 of the Act;

And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the Act;

And whereas the Secretary of State has considered the objections made and not withdrawn and the report of the person who held the inquiry, and further representations made to him, and has determined to make the Order applied for with modifications;

And whereas the Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part 3 of Schedule 4 to this Order is not required;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 8th July 2005;

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 6 to 13 and 15 to 17 of Schedule 1 to, the Act, hereby makes the following Order:

1 preliminary

PART 1

preliminary

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Greater Manchester (Leigh Busway) Order 2005 and shall come into force on 3rd August 2005.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In this Order—

the 1961 Act” means the Land Compensation Act 19613;

the 1965 Act” means the Compulsory Purchase Act 19654;

“the 1984 Act” means the Road Traffic Regulation Act 19845;

the 1990 Act” means the Town and Country Planning Act 19906;

“the 1991 Act” means the New Roads and Street Works Act 19917;

“authorised busway” means any guided busway authorised by this Order;

“authorised works” means the scheduled works and any other works authorised by this Order;

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“busway services” means vehicular transport services running wholly or partly on the authorised busway;

“carriageway” has the same meaning as in the Highways Act 19808;

“cycletrack” means a way over which the public have a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 19889with a right of way on foot;

“guided busway” means a way provided for the use of vehicles which are constructed or adapted to carry more than eight passengers for hire or reward and use a mode prescribed in article 2(e), (f), (g) or (h) of the Transport and Works (Guided Modes) Order 199210;

“highway” and “highway authority” have the same meaning as in the Highways Act 1980;

“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;

“the limits of deviation” means the limits of deviation for the scheduled works mentioned in article 5(1)(a) and (2);

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 200311;

“rights of way maps” means the maps certified by the Secretary of State as the rights of way maps for the purposes of this Order;

“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;

“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;

“street” includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part III of the 1991 Act;

“technical development plans” means the plans certified by the Secretary of State as the technical development plans for the purposes of this Order;

“the tribunal” means the Lands Tribunal;

“the undertaker” means Greater Manchester Passenger Transport Executive; and

“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the airspace over its surface.

(3) In the case of any street in relation to which an order made under section 249(2) of the 1990 Act (a pedestrian planning order) is in force, the kerb-line of the street, where there is no kerb, shall be taken to be the edge of the part of the street on which the passage of vehicles is permitted.

(4) Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.

(5) References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the rights of way maps or the works plans.

(6) All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length, and distances between points on a street shall be taken to be measured along the street.

Application of the 1991 Act
S-3 Application of the 1991 Act

Application of the 1991 Act

3.—(1) The authorised busway shall be regarded as a tramway undertaking for the purposes of the application of Part III of the 1991 Act (street works) to it, and accordingly, the provisions of that Part relating to tramway undertakings and tramways shall apply to the authorised busway.

(2) Section 56 (directions as to timing) and section 58 (restrictions following substantial road works) of the 1991 Act shall not apply in relation to any works executed under the power of this Order.

(3) The provisions of the 1991 Act mentioned in paragraph (4) which together with other provisions of that Act apply in relation to the execution of street works and any regulations made or code of practice issued or approved under those provisions, shall apply (with the necessary modifications) in relation to the stopping-up, alteration or diversion of a street by the undertaker under the powers conferred by this Order whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(4) The provisions of the 1991 Act referred to in paragraph (3) are—

section 54 (advance notice of certain works);

section 55 (notice of starting date of works);

section 57 (notice of emergency works);

section 59 (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 68 (facilities to be afforded to street authority);

section 69 (works likely to affect other apparatus in the street);

section 75 (inspection fees);

section 76 (liability for cost of temporary traffic regulation);

section 77 (liability for cost of use of alternative route); and

all such other provisions as apply for the purposes of the provisions mentioned above.

(5) Nothing in article 12 of this Order shall—

(a)

(a) prejudice the operation of section 87 of the 1991 Act (prospectively maintainable highways); and the undertaker shall not by reason of any duty under that article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part III of that Act;

(b)

(b) have effect in relation to street works as respects which the provisions of Part III of the 1991 Act apply.

2 works provisions

PART 2

works provisions

Principal powers

Principal powers

S-4 Power to construct and maintain works

Power to construct and maintain works

4.—(1) The undertaker may construct and maintain the scheduled works.

(2) Subject to article 5, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.

(3) Subject to paragraph (5) the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works, namely—

(a)

(a) stops, platforms and stopping places;

(b)

(b) works required for the strengthening, improvement, repair or reconstruction of any street;

(c)

(c) works required for, or in connection with, the control of any vehicular and pedestrian traffic on or in the vicinity of the authorised busway;

(d)

(d) parking and Park and Ride facilities;

(e)

(e) works for the strengthening, alteration or demolition of any building or structure;

(f)

(f) works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables;

(g)

(g) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(h)

(h) landscaping and works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and

(i)

(i) replacement facilities and works for the benefit or protection of premises affected by the authorised works.

(4) Subject to paragraph (5), the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

(5) Paragraphs (3) and (4) shall only...

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